Case law

Warren v. Bigelow Blue Stone Co.

56 N.Y. St. Rep. 416 · New York Supreme Court · Dec 15, 1893

Justice Brown in the court below was as follows: Brown, J. The petitioner on this motion is the owner of shares of stock in the defendant corporation, of which she became the owner in Pebruarv, 1880. … Kent v. Quicksilver Mining Co., 78 N. Y., 159 ; Skinner v. Smith, 134 id., 240; 47 St. Rep., 528 . The claim that $32,000 of the bonds have been paid by the company does not rest upon the assertion of any fact.

People v. Wentworth

4 N.Y. Crim. 207 · New York Supreme Court · Nov 15, 1885

Price v. Brown, 98 N. Y., 388, 395 . Again, after the defendant got the ease he examined ¡Robert 0. Jones upon the subject of this conversation. … Browning.

Bergerman v. Gerosa

208 Misc. 477 · New York Supreme Court · Jun 13, 1955

Extra compensation has been defined in connection with the constitutional provision as compensation over and above that fixed by law when the services were rendered (Matter of Mahon v. Board of Education of City of N. … (Matter of Mahon v. Board of Education, supra, p. 266 et seq.) The respondents’ contention is that the charter salary remained the compensation fixed and provided by law.

In re Albrecht

132 Misc. 713 · New York Supreme Court · Aug 30, 1928

In Williams v. Ingersoll ( 89 N. … It was a hen for the value of the services rendered in that very action ” (citing Williams v. Ingersoll, supra; Adams v. Fox, 40 Barb. 442, 445 ; West v. Bacon, 13 App. Div. 371 ; Phillips v. Stagg, 2 Edw.

Hatfield v. Buck

193 Misc. 1041 · New York Supreme Court · Dec 17, 1948

the essential elements necessary to create a valid trust of personal property is “ the actual delivery of the * * * property * . * * to the trustee, with the intention of passing legal title thereto to him as trustee ” (Brown … v.

De Milia v. McGuire

101 Misc. 2d 281 · New York Supreme Court · Jun 5, 1979

complaints initially to administrative tribunals, rather than to the courts, and that they exhaust all possibilities of obtaining relief through administrative channels before appealing to the courts (Young Men’s Christian Assn. v … This has been extended to include the Board of Collective Bargaining of the City of New York (Civil Service Law, § 205, subd 5, par [d], as amd by L 1977, ch 429).

Whitney v. Wardell

28 N.Y.S. 1118 · New York Supreme Court · May 8, 1894

Lawrence v. Brown, 5 N. Y. 394 ; Poillon v. Secor, 61 N. Y. 456 ; Pringle v. Leverich, 48 N. Y. Super. Ct. 90; Du Bois v. Lamson, 18 Wkly. Dig. 490 ; Vibbard v. Roderick, 51 Barb. 616 ; Irvin v. Conklin, 36 Barb. 64 .

In re Herlands

170 Misc. 131 · New York Supreme Court · Jan 18, 1939

(Matter of Hirshfield v. Cook, 227 N. Y. 297 .) The designation, “ other ” bodies, is appropriate to include these agencies. … (Matter of Hirshfield v. Craig, 239 N. Y. 98 .) A literal interpretation of the charter would reveal no limit whatsoever to the field of petitioner’s possible inquiry.

American Water Resources, LLC v. Liu

41 Misc. 3d 963 · New York Supreme Court · Sep 26, 2013

McLean from the Water Board insists that this point was conclusively established as far back as 1861 in a decision by the New York Superior Court entitled Terry v Mayor (8 Bosw 504 [1861]), and was reestablished in 2005. … Corp. v Hartnett ( 151 AD2d 84 [3d Dept 1989]) is another similar case.

Quintal v. Adler

146 Misc. 300 · New York Supreme Court · Jan 24, 1933

(Lawrence v. Greenup, 97 Fed. 906, 908 .) (See, also, McDonald v. Williams, 174 U. S. 397, 403 ; Bartlett v. Smith, [Md.] 160 Atl. 440 ; 161 id. 509 ; Hospes v. Northwestern Manufg & Car Co., 48 Minn. 174 ; Coleman v. … (McDonald v. Williams, supra; Bartlett v. Smith, 160 Atl. 440 .) (See Mente v. Groff, 10 Ohio N. P. [N. S.] 149, contra.) In McDonald v.

In re Morris

128 Misc. 280 · New York Supreme Court · Nov 22, 1926

The following recommendation was made to the board of health: “ The Board feels that the two complainants, Barnet Metzger of Tietjen & Steffen Co., Inc., and Patrick Mullen of Mullen & Meyer, have in the past by their own … Lodes v. Department of Health ( 189 N.

Clark v. Phelps

4 Cow. 190 · New York Supreme Court · Feb 15, 1825

(Gardner v. Trustees of Newburgh, 2 John. Ch. Rep. 162. The People v. Platt, 17 John. Rep, 195, 215. Bradshaw v. Rogers, 20 John, Rep. 103, 106, Varick v. The Corporation of New York, 1 John. Ch, Rep. 53. Bac. Abr. … (Beach v. Firman, 9 John. Rep. 229 . Butler v. Porter, 17 id. 145. Freeman v. Cornwall, 10 id. 470.) He has been deprived of no right.

Baitinger Electric Co. v. Forbes

170 Misc. 589 · New York Supreme Court · Mar 28, 1939

Under this method petitioner v, as successful and ordinarily would have received the award. … Upon investigation the commissioner found that petitioner was a subagent of Weidenbach-Brown Co., Inc., which had also participated in the drawing, and that consequently in his opinion it had not been entirely fair.

People ex rel. McLeavy v. French

4 Silv. Sup. 456 · New York Supreme Court · Nov 7, 1889

Allen v. Martin, 55 Hun, 609 . Authority of board of police commissioners, under chap. 497 of 1870, is continuous and unlimited as to time. People ex rel. Smith v. Board, etc., 55 Hun, 611 . … A policeman, tried upon charges before the board of commissioners, is entitled to counsel. People ex rel. Van Hise v. Board, etc., 58 Hun, 224 . The officer on trial may be examined before case is made out against him.

110 Manno Realty Corp. v. Town of Huntington

61 Misc. 2d 702 · New York Supreme Court · Jan 6, 1970

Zoning and rezoning are, of course, legislative functions (Miner v. City of Yonkers, supra; Matter of Green Point Sav. Bank v. Board of Zoning Appeals of Town of Hempstead, 281 N. Y. 534 ). … Barnes v. Court of Sessions, 147 N. Y. 290 ; see Board of Educ. of City School Dist. of City of New Rochelle v. Zeluck, 60 Misc 2d 1090 , outlining the requirements of a contempt proceeding).

Franza v. Carey

115 Misc. 2d 882 · New York Supreme Court · Aug 24, 1982

(See, e.g., Franza v Carey, supra;.Brache v County of Westchester, 507 F Supp 566 ; Casbah, Inc. v Thone, 651 F2d 551; New England Accessories Trade Assn, v Browne, 102 F Supp" 1245; Mid-Atlantic Accessories Trade Assn, v … (See New England Accessories Trade Assn, v Browne, 502 F Supp 1245 ; Casbah, Inc. v Thone, 651 F2d 551; Mid-Atlantic Trade Accessories Assn, v Maryland, 500 F Supp 834 .)

Beyer v. Burns

150 Misc. 2d 10 · New York Supreme Court · Mar 21, 1991

Zoning provisions creating a district limited to elderly people (Maldini v Ambro, 36 NY2d 481 ) and the creation of a five-acre "floating zone” (Blitz v Town of New Castle, 94 AD2d 92 ) have been upheld. … v Zoning Bd. of Appeals, 158 AD2d 801 , lv denied 76 NY2d 706 ).

Diehm v. City of New York

208 Misc. 209 · New York Supreme Court · Jun 10, 1955

(Beebe Improvement Corp. v. City of New York, 129 N. Y. S. 2d 263, 268.) No trial was ever held in that action. … when compared with the rest of the neighborhood or, for that matter, the city as a whole. *213 The court believes that this is far from the situation envisioned by the Court of Appeals when it said in the case of Kaskel v.

Pieschel v. Miner

30 Misc. 301 · New York Supreme Court · Jan 15, 1900

Gavin v. Rogers & Co., 17 Rettie, 206; Beven Neg. 141; Thomas Neg, 574. … Beven Neg. 141; Cosulich v. S. O. Co., 122 N. Y. 118 ; Dobbins v. Brown, 119 id. 188 . Motion denied.

Gleason v. Youmans

9 Abb. N. Cas. 107 · New York Supreme Court · Sep 15, 1880

Y. 397 ; Stoddard v. … Brown, by one Charlotte Anne Pickersgill, the grantor of said testator William S.